Last updated August 2021
These Terms of Service (“Terms”) govern your use of the Pawsh website (“Site”), any Pawsh mobile application (“App”), and any services offered through the Site or App (collectively, the “Services”). Pawsh, Inc. (“Pawsh”, “Company”, “we” or “us”) provides the Services. “You” refers any user of the Services, including any Pet Owners and Pet Care Providers as defined below.
The Services include a marketplace technology platform that enables third-party pet owners (“Pet Owners”) and third-party pet care service providers (“Pet Care Providers”) to connect with each other. Pawsh has no control over the conduct of Pet Care Providers or any other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT PAWSH IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
You should read all of the terms before using the Services. However, there are certain key terms you should be aware of:
Pawsh may, in its sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will give you notice by posting the amended Terms on the Services. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the amended Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.
You must be at least 18 years old or the age of majority in your state of residence, whichever is older and a resident of the United States to use the App and Services. The Services are not intended for use outside the United States. You agree to provide complete, accurate and up-to-date information when registering for an account with Pawsh. You are responsible for maintaining the confidentiality of and not sharing your user credential to access your account, and for all activities on your account, whether authorized or not. You agree to immediately notify if you suspect any unauthorized use or activity on your account.
The Services include a marketplace technology platform that connects Pet Care Providers with Pet Owners. We do not provide any pet care services and make no representations or warranties about the quality of pet grooming, transportation, or other services provided by Pet Care Providers, or about your interactions and dealings with Pet Care Providers or other users. Pawsh does not employ, recommend, or endorse Pet Owners or Pet Care Providers, and we are not responsible or liable for the performance or conduct of Pet Owners or Pet Care Providers, whether online or offline. Pawsh does not procure insurance for Pet Owners (or their pets) or Pet Care Providers, nor is Pawsh responsible for the property of Pet Owners or Pet Care Providers. You are responsible for doing your own diligence regarding any Pet Care Provider.
In view of PAWSH’s roles as a platform only, as a condition to using the Site, App or Services, you understand and agree Pawsh is not liable or responsible for any acts or omissions of Pet Care Providers. We are also not responsible if your Pet Care Provider or Pawsh reaches you with a request to authorize medical care for your pet and you refuse such authorization. In the unlikely case that your pet needs immediate medical attention or veterinary care, you hereby authorize your Pet Care Provider and Pawsh to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. Pet Owners are solely responsible for the costs of any such medical treatment for your pets and, if you are a Pet Owner, you hereby authorize Pawsh to charge any of your payment methods for such costs.
In addition, in view of the foregoing, we require all users to agree to the following release:
You fully and irrevocably release, remise, acquit and forever discharge, indemnify, and hold harmless the Pawsh and its affiliates and subsidiaries, and its and their successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, the “Released Parties”) from and against any and all injuries, losses, damages, liabilities, costs, fees, expenses, claims, demands and actions of any kind, nature or character whatsoever (whether in law or in equity, tort, contract, statute or otherwise), whether known or unknown, whether fixed or contingent, whether concealed or hidden, whether disclosed or undisclosed, whether liquidated or unliquidated, whether foreseeable or unforeseeable, whether anticipated or unanticipated, whether suspected or unsuspected, including, without limitation, attorneys’ fees and actual, direct, indirect, consequential, punitive, special, or other damages, arising from or relating to any acts or omissions of any Pet Care Provider or for any property damage, theft, personal injury, death, loss or harm caused to you or your pet in connection with pet care services or other Services or products you may purchase through use of the Services, or any medical or veterinary care provided to your pet, or any refusal by you to authorize any medical or veterinary care.
YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY OTHER STATE, TERRITORY, POSSESSION, COMMONWEALTH OR JURISDICTION OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY YOU. SECTION 1542 CURRENTLY READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You have been fully informed by counsel, or have had the opportunity to be advised by counsel and have waived such opportunity, concerning the effect and import of this release under Section 1542 and similar laws of any other applicable jurisdictions and knowingly waives all rights under Section 1542 and similar laws of other applicable jurisdictions.
There are several fees charged for using the Services:
Pawsh will facilitate your payment of the applicable Pet Care Fees on behalf of the Pet Care Provider through third-party payment processors, with whom you will be required to establish an account to access the Services. Payment of such Pet Card Fees in such manner shall be considered the same as payment made directly by you to the Pet Care Provider. Pet Care Fees will be inclusive of applicable taxes where required by law. Pet Care Fees paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, Pawsh’s decision to terminate your usage, any disruption of the Services, or any other reason whatsoever, unless otherwise determined by Pawsh.
All Pet Care Fees are due immediately and Pawsh, or a third-party payment processor, will process your payment on the Pet Care Provider’s behalf using the primary payment method designated by you in your Pawsh account. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Pawsh may either (a) use a secondary payment method in your account, if available or (b) decline your ordrer for the pet care services.
Any purchase or ordering of services from a Pet Care Provider is solely a contract between you and the Pet Care Provider. Pawsh merely facilitates the transaction, and is not responsible for supplying the services.
The Pet Care Fees owed to Pet Care Providers are not inclusive of tip or gratuity for the Pet Care Provider. While you are free to provide gratuity to any Pet Care Provider who provides you with services obtained through the Services, you are under no obligation to do so. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider.
PAWSH PREMIUM PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PERIOD EQUIVALENT TO THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED.
You may cancel your paid membership subscription at any time by following the instructions on your account settings page or by contacting Customer Success at 888-269-4711 or firstname.lastname@example.org. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
Upon addition of a new payment method or each pet care service request, Pawsh may seek authorization of your selected payment method to verify the payment method, ensure the pet care service charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of the authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your credit, debit, or prepaid card. Pawsh cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Pawsh reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us. When you use the Services, you may not:
The Services allow you to upload, submit, store, send, or receive data, information, and content (“User Content”). For avoidance of doubt User Content includes both User Content uploaded by Pet Care Owners and Pet Care Providers (including Pet Care Provider Content as defined below). You retain ownership of any intellectual property rights that you hold in that User Content. However, you grant to us a royalty-free, worldwide license, and the right to license others, to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market, and improve our Services. We may exercise our rights under this license anywhere in the world and in any media or formats, whether now known or developed in the future. Lastly, this license is perpetual and irrevocable, meaning that our rights under this license continue even after you stop using the Services. You will not be compensated for this license or the use of your User Content.
You promise that:
We may refuse to accept or transmit User Content for any reason. We reserve the right to use, share, and display your User Content (including Pet Owners’ reviews of Pet Care Providers) or Pet Care Providers’ reviews of Pet Owners or their pet(s) in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content or Pet Care Providers’ reviews, and we reserve the right to monitor, screen, edit, or remove your User Content or Pet Care Providers’ reviews in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or our content policies. Our failure to enforce our rights under these Terms in one instance does not create a waiver of our right to enforce them in another instance. We are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to your User Content.
If you include your name, image, likeness or voice in any of your User Content, you grant us permission to use your name, image, voice, and likeness, and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander).
Pawsh offers an in-app chat feature to better connect Pet Owners with Pet Care Providers. Data, information, and content sent through the chat feature is User Content that is subject to these Terms. We are able to access this User Content and reserve the right (but have no obligation) to monitor, screen, edit, or remove your User Content. Users should be mindful when communicating information to third parties, and we recommend that you refrain from disclosing or sending sensitive information through the chat feature, such as personal financial information, log-in account information, passwords, and/or personal contact information (including phone numbers).
As a Pet Owner, you understand and agree that certain Pet Care Providers may take pictures or videos or otherwise create recorded media of you or your pet during the course of providing services to you (“Pet Care Provider Content”). You also understand and agree that during the course of a service you or your pet may participate in Pet Care Provider Content. You further understand and agree that Pet Care Providers may post, upload, share, store, or otherwise provide Pet Care Provider Content to Pawsh through the Services or to their own social media, the Internet, or otherwise. You agree that you have no right, title, or other ownership interest to Pet Care Provider Content, and that the use of such Pet Care Provider Content, including the posting or display of such Pet Care Provider Content, is within Pawsh’s and Pet Care Providers’ sole discretion. Pawsh hereby grants you a limited, revocable, non-exclusive license to copy and use pictures, videos, and other forms of recorded media of your pet that are made available by Pawsh through the Pawsh Services, solely for non-commercial purposes (e.g., posting a photo on your social media accounts).
If you are a Pet Care Provider, you agree that such Pet Care Provider Content is considered User Content subject to the provisions of these Terms, including the licenses in Section 8.
As a Pet Owner, you hereby represent, covenant, and warrant to Pawsh and each Pet Care Provider who provides you with pet care services that: (1) the pet(s) that you request pet care services for are your own; (2) your pets are free from fleas, ticks, and other pests; (3) you have divulged any material information about your pets, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Pet Care Provider’s ability to provide the Services; (4) you will have your pets fully vaccinated and up-to-date on all forms of preventative medicine prior to receiving services from a Pet Care Provider; (5) you will comply with all laws and ordinances applicable to your activities conducted through the Services, including ensuring your pet is licensed as required by local law; and (6) the pet(s) for which you are seeking services are not dangerous or otherwise likely to injure others. If you elect to use the Services, you agree to provide accurate information about yourself and your pet and keep this information up-to-date, including any material information or medical data of your pet.
You acknowledge and agree that if you allow another person to access your account or if you request a pet care service for a pet that is not your own, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging the Services, including all costs incurred or associated with such engagement.
You are fully responsible for the actions of your pet(s). You understand, acknowledge and agree that, as between you and Pawsh, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, the behavior of your pet(s), including without limitation, claims by third parties (including Pet Care Providers) for damage, loss, or injuries resulting from bites or attacks on such third parties by your pet(s). Incidents, injury, damage, or loss caused by your pet may be governed by applicable state liability laws. Pawsh will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation. If you elect to use a Pet Care Provider through the Services, you shall carry applicable liability insurance sufficient for the pet care services you request, the risks associated with such services, and as mandated by law. Be sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Pet Care Provider through the Services.
You may purchase or request a lockbox to store a key for entrance to your home or apartment for use in connection with the Services. You understand, acknowledge and agree that we are not liable for any loss, claims, or damages you may suffer as a result of your use of the lockbox, including situations where the lockbox may be illegally accessed by a third party.
You understand and agree that any Pet Care Provider from whom you may seek or obtain pet care services via the Services is an independent contractor, and not a partner, joint venturer, agent, legal representative, employer, worker, or employee of Pawsh. Pet Care Providers have no ability or authority to represent Pawsh or otherwise make statements or commitments on Pawsh’s behalf.
Pet Care Providers have the sole and absolute discretion to reject or refuse any pet care services that you may request, including if they violate any law or regulation, are dangerous or unsafe, or otherwise violate these Terms or the Additional Terms. If you, in your sole discretion, choose to provide equipment to Pet Care Providers, Pet Care Providers have the right to refuse a pet care service that involves a retractable leash, which can be dangerous for pets and Pet Care Providers alike, and may cause a safety hazard. You acknowledge and agree that you will assume all liability in connection with providing a retractable leash. In addition, we encourage Pet Owners to request only on-leash services. Please note that for safety reasons, puppies, kittens, or other pets that are six (6) months or younger may be restricted from certain types of services offered via the Pawsh platform or be subject to limited service offerings tailored specifically to young pets.
Pet Owners who arrange for pet care services and fail to retrieve their pet within three (3) days after the service period (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Pawsh (or the Pet Care Provider) may, in its (or his or her) sole discretion, place the pet in foster care and/or notify animal control authorities, unless prohibited by state law. Pet Owner agrees to reimburse Pawsh and/or the Pet Care Provider for all costs and expenses associated with such actions. Furthermore, Pawsh expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Pet Care Provider’s care should Pawsh deem it necessary for the safety of a pet, the Pet Care Provider, or any third parties. Prior to removing a pet from the care of a Pet Care Provider, Pawsh will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency or trusted contact (if provided) to arrange alternative care. Should Pawsh not be able to contact the Pet Owner or the emergency contact, Pawsh will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Pawsh in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Pawsh in connection with such transfer.
As a Pet Owner, you acknowledge that Pawsh is in the business of connecting Pet Owners and Pet Care Providers, and that said business is how Pawsh earns its income. As a result, Pet Owner agrees that if Pet Owner solicits a Pet Care Provider to provide off-platform pet care services to Pet Owner whom Pet Owner first met and/or learned about through the Pawsh platform, Pawsh is entitled to charge both the Pet Owner and the Pet Care Provider a referral fee. This referral fee will be charged once per specific Pet Owner/Pet Care Provider services relationship utilized outside of the process provided for within the Pawsh platform. Pet Owner’s referral fee will be $1,000. Pet Owner will first be notified in writing of Pet Owner’s obligation to pay the referral fee. Thereafter, Pet Owner hereby authorizes Pawsh to charge any of your payment methods for the referral fee.
If you are a Pet Care Provider, you agree, represent and warrant that (1) you have provided complete and accurate information in registering for the Services: (2) you have obtained and maintain current and valid licenses and permissions to provide your pet care services; (3) you have not received any notices, investigations, or disciplinary proceedings or suspensions from any governmental or regulatory agency regarding your pet care services; (4) you have adequate insurance from a reputable insurance company to cover all liabilities, acts and omissions relating to the pet care services you provide; (5) you will provide high quality per care services in accordance with industry standards and practices; and (6) you will charge and remit to any applicable tax authority any sales, use or other tax incurred in connection with the pet care services you provide.
At Pawsh’s request, you agree to provide Pawsh such information and documentation reasonably necessary for the Pawsh to confirm your compliance with the foregoing obligations.
You acknowledge and agree that Pawsh may limit or temporarily or permanently suspend or termination your use of or access to the App or Services if: (1) you have breached these Terms; (2) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a payment method or your account, (3) any amounts you owe for Services (including Pet Care Fees) are overdue or in default, or (4) Pawsh believes in good faith that such action is reasonably necessary to protect the personal safety or property of Pawsh, Pet Care Providers our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity. Sections 5, 6, 7, 8, 9, 1, 11, 12, 13, the restrictions but not the license in Section 14, and 15 through 23, and any obligation to make payment shall survive termination of the Services or these Terms.
We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Pet Owners, below average ratings or reviews of you by Pet Care Providers. If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the Services automatically terminates.
Provided you are in compliance with these Terms, Pawsh hereby grants you a non-exclusive, non-transferable, revocable license to download and use one copy of the App for your personal, non-commercial use and only on an approved Apple or Android device that you own or control (“Device”) as permitted by the applicable App Store Terms (as defined in Section 18) and in accordance with these Terms and to access the Services through the App (“User License”). All other rights in the App and Services are reserved by Pawsh. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
You agree not to (i) modify, adapt or translate the App or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App or Services; (iii) modify, translate or prepare derivative works of the App or Services, or any portion thereof; (iv) make any commercial use of the App; or (v) rent, lease, distribute or lend the App or Services to third parties.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device being used to access the App or Services, you will be assumed to have received permission from the bill payer for using the App or Services. You must also ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
For clarity, only copyright infringement notices should be sent to our Copyright Agent at email@example.com [Note: You will need to register this agent with the Copyright Office]. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
The App may be available for download from one or more platforms, such as Apple iTunes or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). Without limiting the foregoing, your use of the App is subject to the following additional terms:
Pet Care Providers (when the Terms are agreed to between Pawsh and a Pet Owner) and Pet Owners (when the Terms are agreed to between Pawsh and a Pet Care Provider) are each a third-party beneficiary of these Terms, and that upon acceptance of these Terms, the Pet Care Provider or Pet Owner (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement & Waiver of Certain Rights.
YOU USE THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAWSH AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, PAWSH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. PAWSH AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY, INJURY TO ANY PETS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY PRODUCT OFFERED FOR SALE THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES, INCLUDING ANY USER CONTENT, THIRD-PARTY SERVICES, REVIEWS OR COMMENTS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations. While we aim to display product colors and images as accurately as possible, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct or update any information, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), but disclaim any obligation to do so except as required by law.
You are solely responsible for determining whether products are suitable for use or consumption by your pet. Any nutrition, ingredient, allergen, or other product information is provided by the product manufacturers or suppliers and may be modified by the manufacturers from time to time. Pawsh does not represent or warrant that such information is accurate or complete, and we recommend that you do not rely solely on the information presented. Please consult the product label or contact the manufacturer directly if you have a specific dietary or allergic concern or any other question about a product.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.
The Services relating to pet health (the “Health Related Services”) are provided for informational purposes only. The Health Related Services do not provide medical or veterinary advice or any medical, veterinary, healthcare, or wellness service. The Health Related Services are not a substitute for the professional judgement of a veterinary or other medical professional and are not in any way intended to substitute for or override professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified health provider with any question you may have regarding a pet’s medical condition. If you think your pet may have a medical emergency, call your veterinarian, animal control, PETA, or 911 for help immediately.
You also acknowledge and agree that communications on or through the Health Related Services, including without limitation, User Content, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., veterinarian-pet).
No matter the qualifications of the person answering your question, by using the Health Related Services, including but not limited to, “Ask a vet” and live digital consultations, you expressly acknowledge that the Health Related Service is NOT a substitute for veterinary care (whether emergency or otherwise), and you further acknowledge that we, the veterinarians, and the Pet Care Providers cannot provide advice or consultation over the internet regarding any specific medical condition (whether of an emergency nature, or otherwise) without a thorough and proper physical evaluation of the pet. In addition, the quality of the responses provided by the veterinarians and Pet Care Providers will be influenced directly by the quality of the question asked (and the completeness and accuracy of the information conveyed by the person asking the question), of which we, the veterinarians, and the Pet Care Providers have no control. If your pet is sick, injured, or otherwise in need of medical attention, you agree to contact your regular veterinarian or local emergency provider of veterinary services immediately, as neither Pawsh nor the Health Related Services is the appropriate venue to deal with such situations.
You also expressly acknowledge and agree that in the case where one of the Pet Care Providers who is a licensed veterinarian answers your question(s), a veterinarian-client patient relationship is NOT and will NOT be established, and that the Health Related Services will NOT be able to diagnose, treat, or prescribe any medication for your pet. You further acknowledge that the laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question may differ depending upon your location or upon the information that typically would be discovered through in-person (or in-pet) evaluations or visits. By using the Health Related Services, you understand that any licensed veterinarian that answers your question(s) is NOT your pet’s veterinarian, and that the information they provide to you is NOT a substitute for in-person veterinary diagnosis and/or treatment. Please be advised that nothing transmitted to or via the Health Related Services constitutes the establishment of a veterinarian-client-patient relationship between you (or your pet) and any professional.
We highly recommend that you always seek the advice of your veterinarian or other qualified provider with any questions that you may have regarding your pet’s medical condition, and that you do not disregard their advice (or delay seeking their advice) because of something that you have read or otherwise been provided through the Health Related Services.
Pawsh and Pawsh Wellness are not licensed insurance entities and do not offer, administer, solicit, market, sell, underwrite, or in any way engage in the business of insurance. All insurance products are offered and administered by independent third-party insurance providers. Pawsh and Pawsh Wellness make no representations or warranties about the accuracy or completeness of content available on the insurance products or sites linked from this webpage. The information you see on the Pawsh Wellness information portal may be different from what you see when you visit a pet insurance provider or specific pet insurance site. When evaluating offers, please review the insurance provider’s Terms and Conditions.
You represent that:
You agree to indemnify and hold harmless Pawsh and its related and affiliated entities, and each of their respective officers, directors, owners, employees and agents (collectively, the “Released Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any (i) actual or alleged breach of these Terms or the Additional Terms by you or anyone using your account, including if you are Pet Care Owner, claims arising from a breach of any of the Pet Owner Obligations in Section 10 and if you are a Pet Care Provider claims arising from your pet care services or any breach of Pet Care Provider obligations in Section 11; (ii) transactions, interactions or disputes with other users of the Services, whether online or offline; (iii) your misstatements, omissions, misrepresentations, or violation of applicable law; (iv) any of your User Content; (v) any text messages or other communications that you initiate to other Users or to third parties through our Services; and (vi) the actions of your pet(s), including any property damage or personal injury to third parties caused by your pet or pets under your care. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE AND INVESTIGATION OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
Under no circumstances will Pawsh be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms, App or Services will be filed only in the state or federal courts located in Santa Clara County, California. You and Pawsh consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
YOU AND PAWSH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THESE TERMS, THE ADDITIONAL TERMS, YOUR RELATIONSHIP WITH PAWSH, OR YOUR RECEIPT OF ANY COMMUNICATIONS WITH PAWSH.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future.
We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Pawsh and any purported assignment in violation of this provision shall be null and void.